finally a group of golden retrievers providing comfort to the victims of families in pwofrpb. -- in boston. two of the dogs delivered to the hospital proved to be therapeutic. it choked you up it was so touching. goodbye. >>gretchen: top of the morning. hope you had a fantastic week. it is monday. april 22, 2013. i'm gretchen carlson. thanks for sharing your time. he could be awake by now. he's answering questions apparently in writing and that gunshot to the throat could have been a suicide attempt. breaking details moments away. >>steve: the images are stunning. we'll give you a bird's eye view of the exact moment right before the boston bomber in the boat was captured. brian? >>brian: do you know who i am? reese witherspoon tries to pull the celebrity card

when she and her husband get pulled over for drunk driving. apparently they did and it didn't stop them from doing the next step that you might be surprised about. that's my desperate attempt to save the word "tease" in the tease. "fox & friends" starts now. >>steve: welcome to studio e on this very busy monday morning. it's hard to believe it was just one week ago today it all happened in boston. late today they're going to have a moment of silence, at 2:50. >>gretchen: brand-new developments that have happened over the weekend regarding that suspect who is still alive. unconfirmed reports this morning that the 19-year-old is awake and responding to questions in writing. previously officials maintained that tsarnaev was in no condition to be interrogated. >>brian: abc says he is writing answers to authorities that he can not speak because of a gunshot wound to the throat. molly line live at beth

israel hospital with the latest. how he got that wound is quite intriguing. molly, we heard his throat wound is from a suicide attempt. what are you hearing? >> steve, gretchen and brian, we're getting very little information from actual hospital sources, from the doctors and physicians that are treating him. that information under wraps as is the suspect. official f.b.i. channels aren't releasing much information. they are just saying he is in serious condition. that information about a possible suicide attempt likely stems not only from european reports which initially speculated on this but also from the location of his injuries. a.t.f. officials told "the new york times" he had an injury to his neck and leg. we know he left blood across the city of watertown because there were pools of blood, according to watertown police chief, found in various locations. the thought is he may have tried to do himself in as the manhunt closed in on him largely based on the location of his neck wound, not based on confirmation

from doctors treating him now. really it is something being speculated on for the most part and hasn't been confirmed, certainly not from physicians that are treating him and would have the best view of any of his wounds. >>steve: let's talk about his older brother who was killed. it started as a gun fight. then he got run over. do we know the cause of death yet for the older brother? >> the official cause of death from the medical examiner hasn't been released at this point in time. we don't know when that will actually come out. but we know from the watertown police chief who has been forth coming with information about the manhunt and the duress his officers were under during the course of that manhunt is that as the older brother was seen captured and being held down and handcuffed, that the younger brother, dzhokhar tsarnaev, rushed at the officers at the vehicle, essentially tried to run down the officers as they tried to pin his brother to the ground and managed to

not just hit the younger brother but drag him down the street. as more of these reports come out, the watertown police chief also talk about the duress understandably that his officers were under and what an incredible thing that they survived and the service they provided on the street in those after-midnight hours just absolutely astounding. >>gretchen: more details coming out about the parents of these two boys. many were wondering were they in this country by themselves. it turns out they originally were not but mows -- most recently yes. both parents had gone back to russia and now they apparently want to come back to visit their raepblg son? >> yes. they are saying their parent was innocent. the father said he would like to come visit the son and also said i'm an attorney and he would like to come to america and question american authorities. he believes his sons were set up in this instance,

that there was some sort of framing going on. and he would like to ask the american authorities some questions. that's coming from the dad in this case. >>gretchen: thanks so much, molly line. great reporting out there for the last couple days. >>steve: there is a report out this morning that the older brother went away to russia for about six months, and the question is what was he doing there. the parents have responded. when he was here in russia with us, he had nothing to do with visiting any militants or anything like that. he slept later in the day. he was just here to visit family they are reported as saying. >>brian: chairman rogers said yesterday that not only did he not just do that, that he may have traveled once inside russia, that chechen area under another name, under an alias. we know he came back and posted what he did post on youtube, which makes him judging by what you decide to download as radical as radical gets. >>steve: have you seen this? the dramatic video of police closing in on dzhokhar tsarnaev? they used an infrared

thermal imaging camera to pinpoint his exact location and movements inside the boat. >>brian: joining us with more on this technology taken from above, anna kooiman. >> good morning. they are stunning, these images. they were taken while taking tsarnaev into custody. you can see in the video released by the massachusetts state police, the 19-year-old in the boat, that image you see there is his body highlighted to thermal imaging. police were able to monitor his every movement because of this technology. now watch this. those big black puffs, those are explosions believed to be the flash grenades police threw at him. the company that makes the thermal cameras said the equipment worked exactly how it was supposed to. >> i think it was a real win they could look through the cover and see him lying inside the technology has been around for decades, but as you can see it keeps getting better and better.

flare has more than 100 cameras in law enforcement communities. that is all around the world, not just here in the u.s. >>gretchen: thanks for that update. so much more information coming out in the last 48 hours after the killing and then the capture of the suspects. sources now are saying that they acted alone, but the big question this morning is: how much did other members of their family know? keep in mind that tamerlan, the 26-year-old suspect who was killed on thursday night moving into friday, that he was married. he was married to an american woman who became a muslim after she married him. they had a three-year-old daughter together. it's questionable now whether or not they were actually still together at the time of this bombing. some sources are saying that she, catherine, pictured here, had moved back home with her mother, judith, with the baby. and maybe that would be when tamerlan ended up going back to russia for those six months because if you're married and you have a small child, you might wonder, that would be

suspicious to be gone for six months. >>steve: she is on the cover of the new york post today because she always dreamed of growing up, joining the peace corps and serving this country and others abroad. then she got tangled up with this guy, converted to islam. next thing you know, she dropped out. there is an interesting item in the "wall street journal" today that says essentially that it's the mother of the two boys who pushed the older boy to become more involved with islam because she was afraid he was getting too involved in alcohol and marijuana and also women. so she pushed him toward islam. maybe a little too far. >>brian: maybe? i would say yeah. we're going to hear more from her. she also claims her oldest son called her while they were being chased down and eventually would be killed. >>gretchen: saying i love you and that was it. >>brian: they're chasing at phaoerbgs shooting at me. -- chasing at me, -- khaogt

khaogt -- shooting at me. it turns out the russians were concerned that tamerlan was going though their area, would you check him out. they went over, kept an eye on him but there was no follow-up. the russians never made it clear what alerted them to us, he could be a problem, could be radicalized. but he apparently was. tamerlan, on the other side, people are saying why did he come back so radicalizeed. over here he seemed aimless. he dropped out of college. when he went there, he went to the regions he went to, seems as though to have taken the earmarks, an approach to terrorism. we're going to talk about that around the corner. gary is in that area. >>gretchen: apparently the brothers went to a mosque nearby in their neighborhood that had controversial history about being radicalized.

there are a lot of pieces to the puzzle now coming together as is usually the case, unfortunately, after the fact. we'll talk about this all morning. in the meantime there are other headlines for you on a monday. a developing story overnight, a shooting at an apartment complex south of seattle leaving five people dead including the suspect. police responded and found two men wounded in a parking lot. a man and woman were found dead inside apartments in a complex. it is too early to know what caused this whole event. >> authorities releasing the names of five people killed this weekend in an avalanche on colorado's love land pass. they are a 32-year-old, a 33-year-old, a 36-year-old, a 33-year-old and a 32-year-old. pierce's father still trying to come to grips with the sudden and shocking loss of his son. >> this is too early. we were supposed -- our kids are supposed to bury

us, not us bury them. tkpwroeupt only surviving snowboarder not yet identified. >> if you're flying today, you'll want to leave extra early. airports across the country bracing now for hours-long delays because apparently the sequester is going to cause it. the f.a.a. beginning furloughs for employees, including 15,000 air traffic controllers. some say it's purely political. >> when the f.a.a. was shut down a few years ago, flights weren't affected. it seems to me like there is a request or directive out there to take steps so that passengers will be inconvenienced and that they'll call their elected officials to get them to take action. >>gretchen: some of the nation's busiest airport including in new york and washington already experiencing delays and longer wait times for security. >> real-life drama for actress reese witherspoon. the oscar winner arrested for disorderly conduct in atlanta after her husband was apparently pulled over for a d.u.i.

as he was given a sobriety test reece reportedly got out of the car. the officers told her to get out of the car but she didn't listen. she said do you know my name? you'll be on the evening news. later she apologized. >>steve: is that her mug shot? >>gretchen: it was. >>steve: i think you're supposed to be looking at the camera. >>brian: the actress is good, good at taking directions. in this case she wasn't. she got out of the car and started yelling. they said you've got to get back in the car. she yelled from the back seat of the car. >>steve: a dozen minutes after the top of the hour on this monday morning. there seems to be no question even in the boston bombers acted alone, they must have had training. so how do we find the others? a former c.i.a. guy takes us inside that next. >>brian: a middle schooler thrown out of school and in jail for wearing an n.r.a. t-shirt.

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radicalizeation. >> aultd information i have is they acted alone, these two individuals. they are brothers. >>brian: even if the boston bombing suspects acted alone, they couldn't have learned to make those bombs on their own. what is the next step of this investigation? let's ask former c.i.a. operative gary bern sto*pb. there is a report there is a sleeper cell. >> it wouldn't surprise me. these guys used terrible trade craft in trying to do an escape, not uncommon for al qaeda. i suspect if they had other people in the country here, they may have been communicating with them and not doing a very good job of concealing it. >>brian: gary, one thing is clear, nobody is on the same page when it comes to analyzing what these guys did. we do know this for sure:

they had an arsenal of guns and bombs ready to go. were they, in your mind, ready to perpetrate a second wave of hits once their pictures went up? >> i'm sure they were. given the number of devices they created, this was probably going to be something that would have been sustained. thank goodness they were identified and pursued. >>brian: they're identified and pursued and they were caught. now we understand the 19-year-old, according to cbs and abc, is writing down answers to questions. what are the answers that you want -- what would you be writing down to him? >> the first question i'd want to know is was this an attack that you and your brother conceived on your own to do or were you directed by chechen terrorists in the area of the caucuses? is this the hostility they felt and the chechens took

advantage of the fact that the brothers walked into them or is there a longer plan conceived by chechens to do attacks on america over a longer period of time. >>brian: so many times i'm skeptical. if the russians are going to help us in a situation like this, i sense it is in their national interest to help us. we are now alerted to their chief terror threat. do you believe they will be shoulder to shoulder with us? >> without a doubt they're going to help us. they tried to help us in the beginning. the f.b.i. should rethink the law enforcement model of going and interviewing potential terrorists. they should have just been following them and should have done a sustained period of surveillance of these people. had they done it that way, they eventually would have seen something of interest. they would have seen them posting things on the internet. going and interviewing someone and saying are you a terrorist maybe is not the best way to do this. >>brian: am i being naive if i assume obviously they screened wrong and didn't get this one right because he was a terrorist and did have evil intentions. is the f.b.i. overwhelmed

with reports like this? >> look, they probably don't get that many leads from the russians. i can think back during the course of my career, very rarely did the russians come to us with threat information. if they did, you take that pretty seriously. >> and your belief is they didn't? >> they sent someone out, interviewed them. they may have done technical coverage in the beginning, but this should have been sustained. we need the british mi-5 model in the states. they are doing sustained periods of surveillance over long periods of time. the brits have over 2,000 people in the london area that have gone through terrorist training in camps in pakistan over the last two decades. the skufplt has less experience -- the u.s. has less experience with this domestically. >>brian: gary thanks. we'll talk again as we get more and more facts. coming up straight ahead, take a look at these markets during the boston bombings. they tanked. what happens when they reopen today?

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>>gretchen: 24 minutes after the top of the hour. i have headlines for you. you're looking at stranded passengers now at airports in germany. thousands held up when lufthansa airlines canceled all but 20 of its scheduled 1,800 flights today because of a strike. employees want more pay, so we'll see how that turns out. >> former victims have been identified from last week's deadly fertilizer plant explosion. all were volunteer fire fighters. among them, two brothers. ten of the 14 victims were first responders. the cause of the massive

blast still unknown. >>steve: terror attacks markets before like they did last week. during the aftermath of the boston bombings. now that a suspect is in custody, the other one dead, what can we expect when the markets open today. let's talk to stuart varney who examined the chart for the last week. it went straight down. the question is: what happened today? >> today the market will go up. there will be a rally at the opening bell, maybe 70 points. there's some relief at what has happened in boston last week, to some degree over. i want you to put yourself in the hands of the position of one of these big-time traders on wall street. you're talking around $100 million a day. in comes news of a terror attack in the united states. what do you do? you buy or you sell? you sell because of uncertainty. you don't know where this thing is going. you don't know what is going to happen next. you don't know who's responsible. that is uncertainty. money walks away from uncertainty. you sell. that's what happened.

>>brian: what about security stocks? security outfits? do people start pouring money into that? >> i think it is a mistake to draw a link between a terror attack and long-term stock price movements. when you're looking for the financial angle on terror, i don't think you should be doing that. i think that's a straight -- it's a parallel story. you asked a serious question: what about the secure stocks? they may get a little bump. over the long term, not much change. >>gretchen: maybe that theory that there is no relationship between the two would change if there is another terrorist attack. americans are feeling relatively comfortable since 9/11 and now here we are 12 years later maybe not feeling so comfortable. >> there is long term uncertainty introduced by the boston bombers. i suggest if there were another attack. if heaven forbid there were something else to happen in the united states you would again get that hair trigger reaction to sell at that immediate moment in time. again, i would not draw a

long-term parallel between stock price movements and terror attacks. over the long term they're separate parallel stories. >>brian: varney and company coming up at 9:20 today. >> internet sales tax, here it comes. huge new tax. >>brian: maybe take my advice and restructure that show of yours. you might want to think of that. >>steve: it is included as part of the mix. >>gretchen: he can do his radio show at the same time. >> fine promo, brian. >>gretchen: coming up on the show, he's the biggest baseball star in boston and his rallying cry not exactly p.g. for kids. should david ortiz -- should big papi get a pass? >>steve: eight jobs in eight years, and he never felt fulfilled.

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>>steve: was the boston bombing a crime or an act of war? those questions are stirring up a heated debate in washington about whether dzhokhar tsarnaev should be considered an enemy combatant. doug mcelway live in d.c. >> as of early this morning no charges have been filed against dzhokhar tsarnaev, the younger brother who remains in critical condition at beth israel hospital with a wound to the throat. at issue is whether the suspect should be held as a military combatant or a u.s. citizen, entitled to all of his rights, including the right to remain silent. thus far he has not been mirandized. one former u.s. attorney general says there is no hurry. >> they can wait really as long as they like. the fact is that he -- the only down side for them is the possibility that any statement that he makes might not be able to be used at trial. but they got so much evidence, including his own confession to the person

whose car he carjacked, that the likelihood that they need any statement from him as evidence in the trial is remote. >> yet some contend that mirandizing tsarnaev will shut the door on gaining more information about possible terrorist connections and their plans. >> most americans want to know what he knew, who he associated with, does he know about terrorist organizations within or out the country trying to hurt us, does he know anything about a future attack. this man, in my view, should be designated as a potential enemy combatant and we should be allowed to question him for intelligence-gathering purposes. >> others contend such a status would be unconstitutional and that given the public safety exception that the administration is invoking coupled with the fact that his interrogators include facts -- experts exempt him

from status. >> i do not believe he is eligible for that. it would be unconstitutional to do that. >> hundreds of terrorism suspects have been successfully prosecuted in civilian courts more so than in military courts. >>brian: nobody cares about the conviction. that's coming. but people care about getting the maximum amount of intel about where they come, who else is here, how many more bombs there might be, how they made them? who taught them. if you can't get those answers -- everybody knows they're going to be convicted. they confess to the guy in the car they are going to be convicted. finger prints are everywhere. we want to get maximum intelligence out of him before he lawyers up by some guy who wants to be famous. >>gretchen: that is why it was so important they try to get this guy alive because apparently the other brother was dead and he would be the only one with information. the main thing about getting the details of the story and getting that guy captured on friday is how do you deal with this with

your kids. here is one suggestion, is to talk about maybe the hero stories that are happening within this whole horrible story of the last week. a lot of those hero stories are with the police officers. the boston cops. here is a story that stand out. here is the story of a boston police officer who was instrumental in tackling that suspect, the 26-year-old tamerlan. >> the suspects began to lob devices at the police. the first one was a huge explosion. then the follow-up explosions were smaller. but they were improvised hand grenades being thrown at the officers. the gun battle continued until one of the suspects ran out of ammunition. one of the sergeants tackled him to the ground. a police officer ran out and tackled him. these men who had armed themselves with so many explosives. >> that is correct. that's what happened. it probably would not be advised as a tactical move

but it shows the courage and commitment that officers have in attempting to get this thing under control. >> he was going to put the guy down before he had a chance to reload and risked his own life to do it? >> he saw an opportunity and took it. >>brian: it turns out he did have a vest. it turns out there were two guns. he still tackles him any way. unbelievable amount of courage. plus this guy is a wrestler and martial artist. meanwhile, the 19-year-old brother decide to get in his car when he sees his brother tackled and tries to drive over the cops. instead he drives over his brother. the cop must have jumped off of him. he drives over his brother and drags him 35 feet and ultimately kills him. >>steve: some suggest has his brother tried to kill the other brother. it doesn't look like that's what happened. he tried to back out of there and then he drove a short distance. then he hid under that boat

cover. you remember how he was ultimately found? remember all of boston was on lockdown. then they said about nightfall, we haven't seen him. it is okay to leave your house. the guy goes out for a smoke out in the back, sees the tarp on the boat flapping and realizes somebody cut those cords, and there's blood. called the cops. you know what happened next. >>brian: colorado's first celebration of the legalization of weed. [sirens] >>brian: two men suspiciously walking away from the scene seconds after shots rang out. two people were hurt. tens of thousands sent scrambling. investigators are now calling these men suspects and believe the shooting may have been gang related. >>gretchen: there's going to be more rain today and more flooding in the midwest. not good news for the owner of this restaurant in

louisiana. missouri -- in louisiana, missouri, surrounded by water. over to clarksburg, missouri, people are trying to get the river from flooding their historic town. the river was ten feet above flood stage and is expected to rise another foot before crafting today. >>brian: an eighth grader arrested he says for sticking up his first amendment right. a teacher asked him to take off his n.r.a. t-shirt in class. the student refused. he is now charged with obstructing an officer. his father says the shirt does not violate the dress code. >>gretchen: take a look at this fan at yesterday's cleveland indians game. he uses his bucket of popcorn to nab the ball. the result? popcorn explodes. some landing on the track. he sacrificed his food but he did get the ball. that homer helped the

indian beat the astros 5-4. >>brian: steve, you are outside. >>steve: are you a serial quitter? would you describe your life as awesome or just average? best-selling author john acuff says he can change all that. he's got a brand-new book out that comes today. it's called "start." >> excited about that. >>steve: you say everybody has a choice. do you want your life to be average or awesome? of course everybody wants to flip the switch over to awesome. >> it is a simple process. you flip it over. you get to make that decision with some practical steps to do that. >>steve: it seems like so much of it is luck and people you know. >> every day you get to start. there are simple ways to do that, practical ways to do that. that's what i'm here to talk about. >>steve: first of all you say get social. >> there are so many opportunities people didn't have 30 years ago. i met a mom who said i sell hair bows on-line. she said i sold 70,000 last

year at four dollars a piece. she is just a mom doing it on her own. >>steve: next punch fear in the face. >> everybody has a dream, everybody has an idea but we get afraid. we started a site called no more voices.com. people around the world are going i have that same fear >>steve: start before you're ready. >> nobody is ever ready. we want to be smart enough, rich enough talented enough. you can't see your boat from the shore. you have to start. >>steve: if you wait until you're ready, they will give you the gold watch. do work that matters. >> figure out what you want to do. hope is boss right now. do you know how many people did well from my college graduating class? suh row. the world is cleaning. if you're unemployed, stuck in a cubicle, this is the book for you. >>steve: you put in the beginning an important point that a lot of people

think someday i'm going to -- after i work so hard i'm going to take it easy. retirement is dead, isn't it? >> retirement is over. there is a generation realizing those finish lines are gone. the idea you work 30 years and get a watch is dead. it's time to be 20 again, whether you're 40, 50 or 60, it's time to start. >>steve: the choice is yours, folks. you want an average life or you want to make it awesome. check out jon's brand-new book. it's called "start." >>brian: brian has a big backer, dave ramsey, in the green room. >>gretchen: fantastic idea. i love the concept. america still trying to figure out what drove the bombing brothers to kill. some leads are now pointing to one boston mosque. our next guest has been following it for years and has interesting information. >>brian: how do elite dogs train? by jumping out of choppers.

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explain the boston bombers motives. officials talk about possible links to an extreme muslim preacher and his relationship to a boston-area bomb. here to explain president of americans for peace and tolerance. you're based out of boston. you've been watching this particular mosque for some time. what do you know? >> people are trying to guess what were the factors behind the radicalizeing of these two young men. you can point to radical imams here and there that they put on their facebook pages. the fact is that they lived a few blocks away from a very controversial radical mosque that's been the subject of contention and controversy for ten years in boston. >>gretchen: the founder of this mosque currently serving a 23-year prison sentence for raising funds for al qaeda. >> right. he is in jail now. he publicly supported hezbollah and hamas. he raised funds for al qaeda. the trustee of that mosque

is karadawi, the spiritual leader of the muslim brotherhood. listeners can google him and see on youtube the calling for the slaughter of jews, killing of homosexuals. on that mosque website is a lesson on how to beat your wife. the mosque is run by the american muslim society which federal prosecutors say is the overt arm of the muslim brotherhood in america. >>gretchen: we now tamerlan had been arrested for domestic violence. that is an interesting point. governor deval patrick in massachusetts, at one point according to you embraced this organization but at the last minute it changed. >> the night before the imam was going to join and

represent the muslim community at this memorial service, governor patrick called him up and disinvited him. that's the good news. >>gretchen: you are looking to authorities now for two things. to investigate radical islam in boston in general, but also to disavow with political correctness. in what way? >> for ten years we've been presenting evidence, the kind of, much more than i've told you here, that links these mosque, the one in boston which is the largest mosque on the east coast and the one in cambridge, its sister mosque, blocks away from the chechens. and they have -- and because of political correctness, they have blinded themselves. i mean, political correctness may be our own suicide. we sat with editors of the boston globe for two hours. we walked them through document after document after document. they wouldn't say a thing. we've spoken to political leaders in boston. we have tried to get the liberal clergy in boston who only wanted to be nice and embrace people without

really thinking it through. >>gretchen: we've heard it here before and now you're hearing from charles jacobs, very interesting information. thank you so much. >> they are the unsung heroes in manhunts like the one in boston but how do these elite dogs actually train? can you believe by jumping out of the planes? i do a lot of research on angie's list before i do any projects on my own. at angie's list, you'll find reviews written by people just like you. i love my contractor, and i am so thankful to angie's list for bringing us together. angie's list -- reviews you can trust.

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>>steve: in the wake of the boston bombings a week ago today and the manhunt that followed americans are naturally curious as to how police handle these situations. >>gretchen: elite dogs

are a crucial part of the team. anna kooiman is there to investigate. >> the nypd's emergency service unit -- these men are from there -- essentially a swat team with a rescue element as well. it takes 27 weeks of training. every member is e.m.t., scuba certified, even psychological training. if you think they work hard, wait till you see what their dogs can do. >> serving eight billion people is no easy task. the nypd stays on the cutting edge as far as technology goes. >> we use dogs on almost every situation we have. in tactical situations, search and rescue situations. we want to be able to have the capability of putting those dogs in and out of certain locations at a moment's notice. >> the area is secure

already. >> we have a suspect wanted for a robbery in blood hoodie. we're going to have to have police canine. >> there has to be a confirmed suspect with a matching description. that perpetrator has to be wanted for a felony. wait till you see the work. >> get him! >> you don't want to be on the other end of that. >> we need to move the dog to another part of the city, we can bring the helicopter in, hoist the dog up into the helicopter and fly him across the city. when the helicopter lands, they're fighting to go in first. >> good to go. >> this is aragon, been with the nypd unit for about seven and a half years, been propelg for a year.

unbelievable. >> we're on to our third liftoff. come on. 12 of these dogs are fema dog certified by the department of homeland security. what types of natural disasters have they been involved in? >> hurricane sandy, deployed to haiti, hurricane gusto, hurricane ike, new orleans. we're bringing in the helicopter, going to come down with the hoist and lower our canine and the handler. we have to put the dog and handler in another place.

>> they're always ready for more work. this is actually storm right here and storm is crying because he's ready to work right now. joined by lieutenant bar barbario to you. how long do these dogs have to go through training? >> approximately six months to a year of intense police training. >> you have 12 dogs that are fema certified by the department of homeland security. how intensive is that training? spoil that is well over another -- >> that is well over another year's of training. >> thank you so much for all you do. this is incredible in the light of everything going on in boston, we saw how important these canines are to everybody in law enforcement. gretchen, brian and steve? >>steve: thank you very much. man's best friend they are and law enforcement's best friend. >>gretchen: coming up on "fox & friends," surveillance cameras key to catching the boston bombing suspects but critics still say america is succombing

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>> gretchen: good morning, everybody. today is monday, april 22, 2013. i'm gretchen carlson. i hope you're gonna have a great day. while you were sleeping, reports the bombing suspect is awake and answering questions and that gunshot to the throat could have been a suicide attempt. the breaking details moments away. >> brian: a killer's fate and what happens next? should he be eligible for the death penalty? we're going to ask donald trump that. >> steve: and surveillance cameras key to catching the suspects. but some still say we're becoming too much like big brother. so are we? new york city's top cop, ray kelly, is here and he just might be able to change your mind. "fox & friends" hour two for monday starts right now.

>> brian: we have a lot to talk about, we're finding out now one of the killers, suspected killers is writing down answers to questions. we're following up on that. >> steve: can't talk. shot himself in the mouth, through the throat. >> brian: we want to see if it's a wide property. so far indications are no. but there is a report from overseas we're looking at a 12-member cell. ray kelly this hour. t the headlines. and donald a shooting at an apartment complex in seattle leaving five people dead, including the suspect. police responded, found two men injured in the parking lot. one reached for a gun and officers opened fire. a man and woman were found dead inside apartments in the complex. it's too early to know what sparked the shooting. new details in colorado's deadly's avalanche in more than 50 years. it left five people dead.

it was about two football fields wide and eight feet deep. the victims were taking part in snowboarding event to promote back country safety. >> this is too early. our kids are supposed to bury us. not us bury them. >> gretchen: the father of one of the victims, the sole surviving snowboarder, identified by friends as jerome, was dug out by another snowboard er. airports across the country bracing for hours long delays because apparently of the sequester. the faa beginning furloughs for its employees, including 15,000 air traffic controllers. some say it's purely political. >> the faa was just down a few years ago, flights weren't affected. it seems to me like there is a request for directive out there to take steps so that passengers

will be calling their elected officials to get them to take nation. >> gretchen: new york and washington, d.c. already experiencing delays and longer wait times for security. the fcc decided not to fine red sox slugger big poppy david ortiz for dropping the f bomb before saturday's game at fenway park. the fcc chair ss he won't fine him because he was describing boston's resilience in the face of tragedy and speaking from the heart. it was the team's first home game since the terrorist attack at the boston marathon. if your kids were watching, it wasn't exactly pg, but anyway. >> brian: maybe janet jackson should have tried that. >> steve: or there wasn't a wad robe malfunction. >> gretchen: that case went on and on before they ruled. new defendants recording the boston bombing suspects. there are unconfirmed reports that the 19-year-old is awake and responding to questions.

previously officials maintained that tsarnaev was in no condition to be interrogated because of the throat wound. >> brian: abc says he's writing answers to authorities since he can not speak because of the gunshot wound to his throat. we understand he has not been read his miranda rights, even if he can talk. what's the latest from the hospital? >> the latest official word from the hospital and through the f.b.i., the official channels releasing information is he's in serious condition and within the last 24 hours, that he's also in stable condition. so he is under the care of the physician here, clearly under heavy guard. we know he was shot in the throat because senator in the select intelligence committee has also given that information out. but that's really what we know for certain at this point in time. >> gretchen: there is this report this morning that maybe that throat wound was from an attempted suicide when the police were closing in on him, as you can see from the thermal imings of him in the boat friday

night. what have you heard about that? >> well, that information doesn't come from the positions here -- physicians that are treating him and would have the closest eye view of his wounds. they're keeping all of his information to themselves as they're required to do by law and the f.b.i. not releasing that through official channels. but given the location of the wound, that's what caused a lot of this speculation. some of the speculation caused in the u.k. media. but at the same time, there is some information that leads people to lean in this direction. we know there was blood across the city of watertown that was found, some pools of blood. so we know he was losing blood following that early morning exchange of gun fire with the watertown police department at which an nbta police officer was also injured and that he had made it across the community of watertown to hide in that boat. so there is some information that perhaps a very severe wound may have come in the second -- either in the second shootout or

possibly self-inflicted. no solid information on that. >> steve: and in the first shootout between the two brothers and officers, something like 300 rounds were exchanged. that is the exchange where the older brother was actually killed and my question is, has the medical examiner figured out, was it the gunshot wounds to him or the fact that his brother drove over him and dragged him for 30 yards that killed the older brother? >> the official word from the medical examiner hasn't come out yet. he hasn't put out an official report yet. but we know from the watertown police beat that this is a scary situation for the officers. he says they literally had the second suspect tamerlan, when the younger brother aimed at them, the vehicle, and started to go forward and literally ran over his brother and dragged his brother a length of distance. what actually caused the moment of death has yet to be

determined. if it has been determined, it has yet to be determined released through the medical examiner. >> brian: he was pretty much blown apart adds well. thanks, molly. >> thank you. >> gretchen: time to bring in donald trump now. good morning, donald. are you there? >> i am. good morning. >> gretchen: obviously you've been paying close attention to the bombing situation all last week and the apprehension of this suspect on friday night. you've been tweeting as well and i know you tweeted that you believe he should get the death penalty. you want to expound upon that? >> there is no question about that. many people agree with me. many people have been tweeting back and they've been saying, like why don't they do this and let's go and there is a whole big thing about the miranda rights and maybe we did something wrong by not giving him the miranda rights. i could just see a lawyer sitting back sake, oh, wow, this could take ten years to settle. and we have to get back to business in this country. this is disgraceful. but i will say what the fin --

f.b.i. did and the groups in putting together the photo montage was incredible. i can see them out partying -- they were partying the night after they killed these people, so badly hurt so many people, they were out at a party. the next day they were working out and saw on television the image of their face and i would have loved to have seen what their face looked like when they saw that come out on television. >> brian: they sprung into action and wanted h us again. they were armed to the teeth and on the run and those cops mir raucously able to avoid them. but what do you think about the miranda rights? >> it's federal. you could look at it any way. but what would like seeing a lot of people saying we did something wrong. here we go again. i see it all the time. we did something wrong. we didn't read their rights. they weren't told of their rights. and now all of a sudden the -- it's called spotter for the lawyers, to delay something for

another 12 years. you look at what's going on with some of these trials, they're going on 10, 12, 14 years. it's absolutely crazy in the country. >> steve: also fodder for monday morning quarterback, they say it looks like the f.b.i., this guy has been on their radar for a while, a couple of years. they knew about him because the country of russia contacted us and said, we're kind of worried about this guy. you worked check him out. they interviewed and apparently they said no reason to hold him, even though later he went to russia for six months. we had a great guest on earlier, we want you to listen to this. former c.i.a. guy talking about this great big red flag in a may have been miss -- that may have been missed. >> the f.b.i. should rethink the model, the law enforcement model of going and interviewing potential terrorists and they should have just been following them and should have done a sustained period of surveillance of these people. had they top it that way, they eventually would have seen something of interest. they would have seen them posting things on the internet.

but going and interviewing someone and saying, are you a terrorist maybe is not the best way to do this. they probably don't get that many leads from the russians. i can think back during the course of my career, very rarely did the russians come to us with threat information. if they did, you take that pretty seriously. >> steve: sure. that's a red flag right there. f.b.i. dropped the ball? >> i think it's easy to be a monday morning quarterback. these people are professional people. they're trained in so many different ways. they have to find out how that all happened. who did train them? where it came from. but i think the f.b.i. has done an amazing job in so many ways. it's very easy to be a monday morning quarterback, so they should have caught these people before hand. there isen plenty of people out there right now just like that and they have plenty of good answers and excuses, but then when the act happens, you try and blame the f.b.i i disagree with that. >> steve: good point. >> gretchen: let's talk about "celebrity apprentice" 'cause it was on last night and brandy rodrick was fired. let's watch. >> let me ask you this, as

project manager, don't you think in this particular case you're in serious jeopardy? >> absolutely. >> this is your baby. >> yeah. >> some of the things they just didn't like. at the same time, they said did you a wonderful job. you're with two people that probably don't deserve to be here. you agree? >> absolutely. >> you know what that means, right? >> yeah. >> brandy, you're fired. >> brian: this hurt you to the core. you did not want to fire brandy. >> well, she's a terrific person, but it was pretty obvious. in fact, i was even saying to myself as i was watching, it was a no brainer. she was a terrific person. she did a really good job. but she was project manager and she failed and she said the other two people shouldn't be fired. what do i do? >> brian: little john should have been hauled in? >> he should have been there. he's another one doing a great job. but he should have been brought in, and i don't think he would

have been fired. i think she still would have. but she should have brought him back. >> brian: are these people your friends at this point, you spend so much time with them? >> some i really like and others i don't like as much. and on occasion, there are a couple that i don't like at all. maybe we'll talk about that at one of your shows. >> briangive us one. >> maybe i'm going to think about that. i hate to start these wars with people because i make them very, very famous, more famous. >> steve: have a name next monday. >> i might think about that. that will be interesting. >> steve: you could tell in watching them the first hour of the show was the fact that trace adkins thought her plan was crazy 'cause he was rolling his eyes. but i thought it was great you brought george back. >> people love him. he's a veteran of the real estate wars with me in new york. he's tough. we had a good time. it was a great show last night. i thought trace did very well. >> gretchen: always great to catch up with you after the weekend and we'll talk to you again next week. >> very good.

>> steve: think about that name for next week. >> i'll think about if. >> steve: were the warning signs of what the boston bombers aware >> brian: i know which one he doesn't like. i just remembered. >> steve: really? >> brian: yeah. >> gretchen: america's sweetheart no more. reese witherspoon pulls out the celebrity card when her husband gets pulled over for allegedly driving drunk. >> steve: you could be right, brian. >> brian: i think i am the way it used to. past mprime? i'm a victim of a slowing metabolism? i don't think so. new great grains protein blend. protein from natural ingredients like seeds and nuts. it helps support a healthy metabolism. new great grains protein blend.

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>> brian: if the f.b.i. was warned about the bombing suspect, tamerlan tsarnaev, he has ties to radical islam, why wasn't he stopped before the attack. some republicans say our enforcement is being too politically correct and shouldn't be afraid to monitor muslim communities. get into the mosques. the source of many modern day threats. the ceo of concerned veterans for america and he has seen some of those same ied's on the roadways of iraq and afghanistan and now they've come to boston. what do you believe, pete? do you believe that political correctness is hurting us? >> yeah. political correctness is a poison to our security and defenses. it imposes a willful blindness, both at the macro level when unwilling to engage with radical islamism or whatever you want to call it, if you're not willing

to call it what t and at the micro level, at the street level when you've got a question, someone looks suspicious, you're not sure if you should act and then you add another layer, of, well, they look like they muslim. i don't want to offend them. i don't know that we're equipping our youth to sort of draw distinctions, not necessarily based on faith or race or anything like that, but based on threat signs and making sure they're always aware. and then willing to act, if necessary, and in boston, i don't know that it would have prevents that had bombing per say, but political correctness, we've gone so far in that direction that it really stops on many levels our ability to react. >> brian: i remember one time we had this -- a pakinstani professor on. and he was saying that he never gets upset when he is profiled because he wants to get on a plane and get on that plane when it lands as well. he wants to make sure that there is no terrorists on board and he knows that islamic extremists are mostly coming from the middle east. why can't we go through that

model in order to narrow down who the perpetrators might be? >> we should be able to. i think the f.b.i. and others hopefully they'll be -- there will be a lesson learned from this. you had a guest on who talked about the mosques in boston, which we've known about for a long time that have been producing radical ideology, that's the type thing we should have immediate understanding of who is there, what they're doing, that they're talking about because those have been the epicenters of this type of activity. shame on us if we don't now again learn our lesson. again, this isn't about discrimination. this isn't about targeting anybody unfairly. this is about a plus b equals c in so many scenarios that yo dot if you're not narrowing down the scope of who you're looking for. >> brian: good law enforcement here let's us know whether these two acted alone or they're part of a wider cell and who trained them to perpetrate those

attacks. thanks so much. >> absolutely. >> brian: coming up straight ahead, surveilnce cameras key to catching the boston bomber suspects. critics say america is becoming too big broer. you'll want to hear from new york city policeommissioner ray kelly now before you decide on what's good for us. and two people shot, thousands sent rambling and this video holds a key clue [ horn honks ]

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>> gretchen: 23 minutes after the top of the hour. quick headlines. you're looking at stranded passengers at airports in germany. thousands held up when an airlines cancels all but 20 of its scheduled 1800 flights today

because of a strike. employees want more pay. four more victims have been i'd died from the texas fertilizer plant explosion. all volunteer firefighters. among them, two brothers. ten of the 14 victims were first responders. the cause of that massive blast still unkwn. >> steve: meanwhile, without surveillance cameras, the f.b.i. may have never been able to track down the images of those brothers suspected in last week's boston marathon bbing. it was these images, camera ages that gave agents their big break, placing the tsarnaev others and their backpacks near the finish line ju before 2:50 in the afternoon. >> brian: cameras makes this case so easy to solve, should we have more or less of them? joining us, ray kelly. commissioner, your thoughts about these guys being caught on camera, to have pictures up by thursday. is it too much? >> i'm a major present of

cameras -- proponent of cameras. the more the merrier. we have concentrated a lot of cameras in lower manhattan, in new york city, but in the outer burrows we're increasing as well. 1968, the supreme court said that you don't have an expectation of privacy if you're in the public domain. so that issue is pretty much -- >> gretchen: you still have your critics. >> oh, yeah. >> gretchen: you have people against the patriot act and against any intrusive intrusives against things le that. but when you have a situation like this, it's a tough argument to stand up against in situations like this because without tm, these guys would be on the loose. >> it's true. you go into a department store, your picture is probably taken 40 times f. you're in business, you're going on a -- traveling, commuting, probably 200 times a day somebody is taking your picture. the genie is out of the bottle.

>> steve: with what happened last monday, backpack bombs, this is one of your biggest fears, isn't it? >> true. we're concerned about that. this is something that's very, very difficult to stop. >> steve: every third person on the street has a backpack. >> it seems that way, right. it's an issue, certainly at major events. certain events where it's a limited space, you can check backpacks. on new year's eve, we do that in a very controlled environment. but in a marathon, we have 26 miles. >> brian: it's impossible, isn't it? >> steve: everybody has one. >> brian: but you can secure the finish line, or major points, the start or finish. do you feel confident about that? >> well, it depends. it's a big open area. you have thousands of people who are running. they're bringing their own clothing. usually what happens is they'll take some -- whatever they wear to the start of the race.

they'll take that, put it in the vehicle. it's transported to the finish line. it's difficult to control. there is no easy answers, no guarantees, that's for sure. >> gretchen: when this first happened, i think a lot of people thought about new york city and 9-11, of course. but one of the things i thought a lot about was all the attacks that you thwarted. so how do you continue to be so successful at that, because there is so much discussion about it only takes one. >> right. they only have to be successful once. >> gretchen: how do you continue to be successful in new york? >> if we have some luck and we'll take it every time. we've seen good work on the part of the f.b.i., good work on the part of nypd and faisal shahzad on may 1 of 2001, drove right into times square, tried to detonate a bomb. he wasn't on anybody's radar screen. so it's complex. we want intelligence. we need to work with the federal authorities and get as much information as we can. that's what's been able to

thwart most of these. >> steve: sure, but it looks like the older brother who died when his brother ran over him, he had already been shot, he apparently was on the -- under the -- screen right -- the f.b.i. had already talked to him a couple of years ago because apparently he had some connection, he was at that mosque, he was thrown out of a mosque for a while. and he was brought to our attention by the russians, which is unusual 'cause it's not like the russians every day call up the united states and say, keep an eye on that guy. >> yeah. i'm not certain what more could have been done in that situation. he hadn't committed a crime. he was spoken to, which usually is sobering. >> brian: you're not critical of the f.b.i.? >> no. they carried out the request of the russian government. to what extent he was questioned, i'm not certain.

but usually enough to give people pause for thought. hey, the f.b.i. is questioning me. maybe i'm going to think twice. >> brian: instead he got worse. i have to ask about islamic extremism. those are the people doing this. you said i got to get inside the mosque and listen and find out who these guys are. people are critical of you. should we be more aggressive to find out what's going on in the islamic community? >> we are continuing to do what we have been doing. we haven't changed our approach and that approach is to follow leads wherever those leads take us. we're not going to be cowed by people complaining. but we're going to do it pursuant to the law and -- >> brian: you won't go into a mosque and say, i'm gog put one of my fathers to listen to what's going on and maybe not announce they're there? >> no. we are following leads and wherever that lead takes us, we'll go. >> gretchen: you have a huge job in front of you, as do every commissioner in every big city. you've been very successful.

thanks so much for your time. >> thank you. >> gretchen: more on our story, top story, up next, how one of the bombers felt about the bible and america. it will probably make you sick. >> brian: and do you know who i am? reese witherspoon pulls the celebrity card when she and her husband get pulled over for driving drunk. what happened next? let's see what happens when a celebrity says, do you know who i am? let's see what ray kelly says after the break at od, whatever business you're in, that's the business we're in. with premium service like one of the best on-time delivery records and a low claims ratio, we do whatever it takes to make your business our business.

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>> gretchen: time for your shot of the morning. a police officer doing double duty as a milk man? he delivered two gallons of million workers' -- milk to fam. the photo has gone viral. the police officer's name, not yet known, but we know he's a member of the brookline police department. thanks much, sir. >> brian: i'm just reading in the 2011 interview with tamerlan. not only did he try to -- the f.b.i., he tried to get them to convert to islam as they had tea in his apartment. they warned him they'll be looking at the internet and following them when they could. >> steve: sure. apparently, according to the "wall street journal," he was pushed more and more toward islam by his mother who also is becoming more and more islamic.

even though -- life it taken a different turn. last night on "60 minutes," scott pelley went to boston to talk to not only the police chief about the tsarnaevs, but spoke to one of their neighbors. tamerlan's neighbors about what sort of a mindset this guy was in and his feeling toward americans. here is what the neighbor said. >> he was explaining how the bible is a cheap copy of the koran and how it's used for the american government as an excuse to invade other countries, and i remember he said that america is a colonial power trying to collinize the middle east and africa. and he also said that the most casualties in afghanistan and iraq are innocent bystanders gunned down by american soldiers. >> gretchen: seemed like he had

a lot on his mind and none was good about america. >> brian: that guy should do a thing called leave. that will be fine. the other thing to remember is two people were arrested, the 19-year-old, the guy who is clinging to life, arrested and have not been released yet. he evidently was seen talking russian to them in between monday and thursday when the manhunt took place and actually got hot again when he was pretending just to be a normal college student. i'm wondering if that's going to be part of the expanded web that some are reporting. we are going to be seeing in the next coming days. >> steve: we just saw the neighbor talking about what tsarnaev had said to him. how many times here in new york city have we heard the expression, if you see something, say something. if you hear something crazy, shouldn't you say something to somebody? go ahead and report them and they will go out and interview them, much like the f.b.i. did. although, then you put together some of the pieces and, for instance, he was at a mosque in january in cambridge, the older brother was, where he shouted to one of the speakers, you are a

kafir, which means unbeliever, and said the speaker was contaminating people's minds, and he was essentially boo'd out of the mosque. then in november, there was another incident where the speaker said, it's okay to celebrate and honor things like holidays like fourth of july and also thanksgiving and once again, there is a big disagreement and he left mad. >> gretchen: the first place they're starting is with family members because they would know the most about everything. >> brian: the images are really incredible. thermal camera giving a bird's eye view of the exact moment leading up to the capture of dzhokhar tsarnaev. joining us now with more, anna kooiman on the images that delivered the body which was him. >> they're stunning. good morning to you and everybody at home. they were key in taking tsarnaev into custody. around 7:00 o'clock, that was friday night, david went outside to smoke a cigarette and that's when he noticed blood on his boat that was parked in his backyard. he grabbed a ladder, climbed up and peered into the boat. he sawd then

immediately called 911 and police started to move in. you can see in this amazing video released by the massachusetts state police, that lighter image there, that's 19-year-old dzhokhar tsarnaev. it's so clear because of thermal imaging. police now able to monitor his every movement. >> i believe someone is on the boat. >> we have a person in the boat, a live target trying to poke a hole. maybe trying to toss an object out! live party in the boat confirmed. >> look at this angle. that's the boston bomber crammed on the floor of the boat. the thermal imaging caught the action as the arm of an armored tank peels back the tarp that was covering the boat. now watch this. those big black puffs are explosions believed to be the flash grenades police threw. police say they tossed them to

stun him so they could move in and take custody over him. after nearly two hours and a fire fight, police got their man. >> our helicopter had actually detected the subject in the boat. we have what is called a forward looking infrared device on the helicopter. even though he was underneath the cover of the boat itself. and there was movement from that point on and the helicopter was able to direct the tactical teams to that area and ultimately take him into custody. >> the technology has been around for decades and just as you see, it keeps getting better and better. the company that makes the thermal cameras says the equipment worked exactly how it's supposed to. >> i think it was a real win that they could look through the cover and see him lying inside the boat. one of the most powerful tools that law enforcement has is the ability to do airborne surveillance. it's rewarding for a lot of people to see they were able to make a capture that fast.

>> the cameras are used by police departments all over the country and by the federal government. that precision is just incredible and possibly if he had been more alert, could have helped save lives of officers as well. >> steve: absolutely. great report. it's nice to see that. also, if you listened to all the scanner traffic and eric shaun had it on yesterday in his program. it was clear when they first started to move on the boat, they said, okay. attention, everybody. we're using dummy bullets, 'cause clearly they wanted to take the guy alive. dummy bullets. keep in mind. >> gretchen: let's get to some other headlines. real life drama for actress reese witherspoon. she was arrested for disorderly conduct in atlanta after her husband was pulled over allegedly for dui, as he was given a sobriety test. she got out of the car. she was warned to stay inside and she didn't listen and said, do you know my name? you're about to be on national news? in a statement she works apologized saying, i clearly had

one drink too many and am deeply embarrassed about the things that i said. >> steve: a new clue in the shooting at colorado's first big celebration of the legalization of pot. [horns] >> steve: a youtube video shows two guys suspiciously walking away from the scene just seconds after shots rang out. two people were hurt and tens of thousands september scrambling. investigators now calling these guys suspects and believe the shooting may have been gang related. >> brian: johnny goals paying tribute to the victims of last week's terrorist attack with his bat. engraved it boston strong. he took two at bats yesterday with that special bat. >> steve: speaking of special,

wasn't it special that neil diamond wound up to sing that song "sweet caroline." he called the clubhouse a half hour before the game started and said i'm in town. >> gretchen: coming up, new york law maker under fire for his tweet. did you see this about the bombing suspect saying, who wouldn't user to during on this punk to save more lives? that state senator here live to respond. >> brian: then mike started out young and picking through his neighbors' old stuff. now he's a tv star and will explain how your kid can spot treasure in your neighbor's trash. >> made by shah win, and they did a lot of --

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>> steve: he has taken the nation by storm with his history channel show "american pickers." take a look. >> we value this one -- where do you value this one at? >> about 100. >> what about that one at the bottom of the stairs? >> i see another one that i really like. these guitars, even if you don't play them, i'm intent on grabbing these things. how about 75 for this one and 60 bucks for the other one? >> 150 for both of them. >> steve: of course. >> gretchen: now mike is sharing his passion for picking with kids in his new book "kid pickers." good morning to you. >> good morning.

>> gretchen: you're trying to pass on your picking ability and obsession to kids because you feel like maybe it's going to be lost in this digital age. >> of course. with smart phones now and computers and ipads and kindles and things, kids spend a lot of their time with electronics. we're trying to get back to the basics. this book teaches children when they find things, they can learn about their family history and community's history and recycling and repurposing as well. >> steve: let's talk about your personal history. you grew up on a street where down the street and down the alley, there was a neighbor who you absolutely loved because he would let you -- >> he would let me pick through thinks garbage. >> steve: of course! >> every kid wants to do that. one day he gave me a cigar box and that meant everything to me because there was a connection there like i read where the cigars were from and the graphics inside were beautiful and everything. i just loved it. i remember that. it's like one of those snapshots. >> gretchen: tended up being such a huge part of your life, you brought some picked items for us today. >> this is a buck rogers leather

helmet. we found that in a trunk in an attic in upstate new york. when buck rogers first came on the scene in the 1920s. he was the first real character that introduced people into space exploration, children loved him. there was comic book strips, radio. so this would be a piece obviously that a child would have wanted in 1933, but also now. >> steve: and how much would something like that be worth? >> something like that, between 3 and 400 in that condition. >> steve: take a look at this sign. we've got here for william j. oliver, got some chilled plows. >> that's a great piece. they ask why do you like advertising? it connects people, place and time. people can connect to that in a lot of different ways. >> steve: what's the chilled plow? any idea. >> a chilled plow? i don't know. that might have some process that was done in the forging process of it. >> gretchen: what about this roadster? >> the cast iron car, that's

another piece a child could connect to from the 1930s as well. it's got the wrong wheels on it. half of his head is gone, but perfection is boring. so it's a really neat piece for an entry level collector. >> steve: when you were a kid, you loved bicycles. >> loved bicycles. >> steve: and anything related to evel knievel. >> i saw a documentary on him one time and he said, i made $60 million, but i spent $63 million. [ laughter ] that guy is awesome. but he had the cape and the suit. i remember watching him on tv when i was a little kid and mattel had all the toys. >> steve: today is the day! >> gretchen: something kids could pick for would be evel knievel toys. >> yeah! all that stuff is collectible now. >> gretchen: check out his show on the history channel, it's beginning production on the fifth season and his new book "kid pickers" to inspire the young ones. thank you. >> thank you. >> steve: thank you, junk hunk.

>> brian: thank you very much. good job. next up, our next guest under fire for his tweet on the bombing suspect. quote, who wouldn't user to during on this punk to save more lives? the new york state senator here to defend the tweet. first this day, 1983, "come on eileen," by the midnight runners was number one [ male announcer ] how do you measure happiness? by the armful? by the barrelful? e carful? how about...by the bowlful? campbell's soups give you nutrition, energy, and can help you keep a healthy weight. campbell's. it's amazing what soup can do. and i have a massive heart attack right in my driveway. the doctor put me on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. go talk to your doctor. you're not indestructible anymore.

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>> gretchen: our next guest is facing criticism for a tweet sent moments after the capture of the second bombing suspect. new york state senator greg ball wrote this: so bleep number 2 in custody. who wouldn't user to during on this punk -- torture on this punk to save lives? he's sticking by what he says and joins me live. good morning to you.

>> good morning. >> gretchen: friday obviously you were watching what was unfolding on television. >> i was actually on the treadmill running 8 1/2 miles. i was 8 miles in watching it. >> gretchen: all right. so you were exercising while watching it. good for you. and you put out this tweet about torturing this suspect. you got a tremendous amount of blowback right away. were you surprised that people responded to it? >> i mean, the twitter universe is full of a lot of interesting people and whether it be this issue or any other, i have gotten feedback not dissimilar to this. but at the end of the day, i think a lot of politicians are quite honestly pulp calf and -- full of crap and afraid to say what they feel. and i said what other red blooded americans felt. it comes down to this, when you talk about terrorism, information matters. if getting that information, including torture would save one innocent life, including that we've seen children, would you

user to during? i can tell you that -- would you user use torture? i would be the first in line. >> gretchen: after blowback, you said it again. after monday, you're not changing your tune on this? >> i don't know how many -- if you look at osama bin laden, how many new yorkers wouldn't have appreciated at least 30 minutes in a room alone with osama bin laden. i know i would. it would have been me, osama bin laden, and a baseball bat. and maybe i'm not going to be a career politician. maybe you shouldn't be honest. but this is how i feel. and in the united states of america, we have people who believe that we can play patty cake. these terrorists play by a different set of rules and i think it's incumbent upon us when you look at the tragedy that just occurred or the fact of 3,000 lives that were lost on 9-11, that you have to take the fight to them in a very real and

substancetive way. >> gretchen: on the flip side, have you had people who have supported you in what you said? >> i have. most of my constituents have been very supportive. like i said, i think i stated what most people are feeling and what most politicians are just too scared to say. >> gretchen: you realize that since he's captured in the united states, he's not going to be tortured? >> i'll tell you this, if we look at the war against terror, which scares the hell out of me, is the fact that this instance, which may be considered to be the new normal, which is carey enough in and of itself, not long ago we had 19 thugs with box cutters to change our global history. it's increasingly like well financed people will be able to bring this country to its knees. it's easy to debate this. ivory towers and editorial board meetings, but america better use this as a wake-up call and realize they're playing by a different set of rules. >> gretchen: i think a lot of

people respect your candor. they may not agree with you, but they may like what you said about politicians finally saying what they really think. greg ball, state senator? new york thanks very much. >> gretchen: where do we go with new clues for the boston bombers? bill braton coming up next ana, lookin' good! what's your secret? weight watchers online! ♪ never thought i'd dig weight watchers ♪ ♪ never thought i'd love their app ♪ ♪ but i tried their groovy online plan ♪ ♪ and now my arms don't jiggle when i clap ♪ ♪ and i go sleeveless

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>> gretchen: good morning, everything. it is monday, april 22, 2013. i'm gretchen carlson. thanks for sharing your time with us today. big fox news alert because we just learned four marines are dead, killed in a bomb explosion. the details moments away. >> steve: he could be awake and could be answering questions in writing. that gunshot to the throat could have been a suicide attempt. breaking details moments away from boston. >> brian: where do we go next to figure out what pushed the boston bombers over the edge? new york city police commissioner, lapd police commissioner bill bratten here live on the couch to give us his instant insight. "fox & friends" starts now.

>> gretchen: good morning, everybody. we have commissioner bill bratten around the corner. let's kick off this hour with headlines first. we begin with that fox news alert i was alluding to. six marines have been killed. six others injured bay home made bomb in thailand. officials say the explosive ordinance disposal unit believed they had detonated the device and took it back to their base to study it and that's when it exploded. it's believed the bomb may have had a second triggering device. >> brian: wow. >> gretchen: more on that story as it comes in. new video of a shooting at an apartment complex south of seattle. this left five people dead, including the suspect. police responded to a shooting, found two men injured in the parking lot. one reached for a gun, the officers opened fire. a man and woman were found dead inside the complex. it's too early to know what caused the shooting. new details in colorado's

deadliest avalanche in more than 50 years that left five people dead. the avalanche is about two football fields wide, eight feet deep. the victims experienced in extreme terrain were promoting back country safety, ironically. >> this is too early. we're supposed to -- our kids are supposed to bury us, not us bury them. >> gretchen: the father of one of the victims. the sole surviving snowboarder, identified as jerome, was dug out by another snowboard. neil diamond reaching out to boston after the terrorist attack. ♪ touching hands ♪ reaching out ♪ touching me ♪ touching you ♪ . >> gretchen: wow. how great is that? the sing better a sweet surprise at their home game against the royals.

the red sox tradition to play "sweet caroline" for the eighth inning. fans were shocked when he walked out to sing it in person. what a great place to be at at that time. >> brian: all sources say the bombing suspects acted alone. new reports reveal investigators are probing for more information about the suspect's wife. she is the mother of his three-year-old. >> steve: sure. because she was christian, converted to islam after she married him. bill bratten is the former police commissioner of new york and boston and la and joins us live. good morning. the early morning developments are it sounds like the 19-year-old, he may be actually talking, but because he reportedly shot himself -- >> he's writing. >> steve: yeah. writing things out. so he's responding to questions at this hour. i would imagine what they're trying to figure out is was it just the two of you guys or are there more people involved? >> that will be one stream of questions. they're also going to want to identify are there more devices

that they may have secreted someplace else? that was one of the reasons for the shut down of boston and the suburbs. there were so many of these damn devices that are there more than that they may have placed elsewhere? so there is any number of streams of questions they'll be seeking. >> gretchen: a lot of quarterbacking now because -- or whatever the phrase is, monday morning quarterbacking. since it is monday morning. so all this information sort of filtering out, including in 2011 report that the f.b.i. was apparently notified by the russians that maybe tamerlan was dangerous in some capacity. what do you make of that and how many of these types of reports come into police departments and the f.b.i.? >> there are probably hundreds of thousands of individuals the f.b.i. has to look at in terms of information that comes from foreign governments, something not clearly understood is that even if they begin an inquiry into somebody such as this individual at the request of

what we now believe were russian authorities, they are limited as to how far they can go if they don't determine that there is, in fact, some type of terrorism-related activity. there are laws that preclude them from continuing the investigation. it has to stop at some point. i think you will find there will be a lot reviewed by congress as to who knew what and when and our own laws working against news terms of restrictions placed on the f.b.i. and other agencies to investigate. >> brian: you should come out -- a guy like you has so much respect, you should come forward and saying, if you want to fight the war on terror, or get rid of these restrictions, let us do our job. what are they? >> yes and no because we are fortunate we live in a democracy that has rules and law. we don't want to become like them. >> brian: right. but what would help you guys? >> i think one of the things that will come out of this investigation will be our current limits on surveillance, investigation. are they impeding dealing with

something such as this incident here? good thing on the monday morning quarterbacking is that you learn things that might help something in the future. >> steve: now, there are a lot of authorities out today saying these two, according to all we know so far, acted alone. one of the uncles said they had a mentor. they were puppets. there was a story out of the mirror of london, said the f.b.i. is looking for 12-man cell. somebody else said, you can't pick up how to build a bomb like this off of google. so there had to be extra help. >> gretchen: actually you can. >> just the opposite. >> steve: i'm just reporting. >> the conversations i had this morning is that there is an on-line magazine that. >> steve: inspire. >> inspire. that both the pipe bombs they were using, as well as the pressure cooker bomb, the exact, if you will, instructions how to create that is on this site. so this idea that you can't do it off google, i'm sorry, you can do it off google.

>> steve: you think they were alone? >> everything i'm hearing is they were alone in their actions, but the inspiration is what they're look for. the inspiration seems to be an australian cleric. >> brian: what about the two other guys arrested, classmates. he was speaking russian to them during the week. they were questioned on friday, arrested on saturday. we have not seen them. there might be hints there. if you were investigating this, what would you tell the president and attorney general about miranda rights? >> in terms of where i'm coming from, we have had hundreds of successful prosecutions using our criminal law. i'm not going to go too deeply into the debate that's raging right now. >> brian: where do you stand personally? >> i'm happy with the public safety exemption which they're using right now for the public safety issue. are there more bombs, et cetera, gives them wiggle room. but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the

underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands of images, finding these two guys. is this a call now for more cameras in big cities? >> certainly. this is an evolution. i'm just back from london, which is probably the most failed city in the -- survveiled city in the world. we're getting money to put coordinated cameras, public safety cameras into new york. holding back most american cities now are funds. they're laying police officers. if they can't hire police, they don't have money for cameras. most of the images i saw related

to the identification of these two kids were from private cameras, lord & taylor, different restaurants up there on boylston street. this is the trend, this is where we're going and the supreme court determined the public space that you can put these devices into public space without concern. >> steve: sure. you mentioned that perhaps this guy was under the influence of an australian cleric. we got a little bit of tape to play folks. this is one of his neighbors, the older brother's neighbors talking about this guy sounded like he was becoming radicalized. here is the neighbor last night on "60 minutes." >> he was explaining how the bible is a cheap copy of the koran and how it's used for the american government to -- as an excuse to invade other countries, and i remember he said that america is a coolonnial power, trying to

coolonnize africa and the middle east. he said most casualties in afghanistan and iraq are innocent bistanders gunned down by american soldiers. >> steve: so the neighbor is talking after the fact. if the neighbor had reported and should the neighbor have reported what he heard from that guy, tamerlan, before it happened? >> it's going to require a change in our culture in our country, the see something, say something campaign, the idea that your neighbor, your friend seems to be changing. the american human nature is do i want to get the police involved in this? >> steve: do i want to get involved? >> clearly this individual was picking up things that were a concern. the teacher of the younger kid was talking about when he saw the first photographs that were released, he thought he recognized his student, but said, no, that can't be my kid. and so he didn't call. that's i think part of our nature, the idea of not wanting to bring police unnecessarily into people's lives.

we're going to have to basically break that down a little bit and become much more conscious of when there is dramatic change in a person, particularly with so many problems around the islamic issue, but if you look at aurora, that kid was starting to indicate a lot of tendencies. the edge we also have is almost inverily they go on social media, they're on facebook. >> brian: it helps you. >> absolutely. if somebody gives you a piece of information, first thing do you is go to social source. social media to see what are they posting on-line? inform this guy had his own youtube channel and posted a couple of clerics' rants and he deleted them. >> even with the deletion, law enforcement has the capability of pulling them up. the good news is they're going to become easier to investigate because the whole nature of the human nature is to talk. now they have the social media,

they talk to the world. >> gretchen: you're encouraging other people to still come forward? >> absolutely. see something, say something. it's not just a trite slogan. it is the reality of living in america today. >> steve: put them on the radar. thank you very much. >> nice to be with you. >> gretchen: coming up, the idea is pretty controversial. should our government cut a deal with the boston bomber? more on that coming up. >> brian: take a look at this video. now you see it, now you don't. we'll tell you what it is. oh, my goodness. don't blame me ♪ if loving you is wrong ♪ i don't wanna be right [ record scratch ] what?! it's not bad for you. it just tastes that way. [ female announcer ] honey nut cheerios cereal -- heart-healthy, whole grain oats. you can't go wrong loving it. i

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get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history. and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion. >> steve: charges could come as early as today for suspected boston bomber dzhokhar tsarnaev as he remains hospitalized under heavy guard, handcuffed to his bed. so will attorney general eric holder push for the death penalty and should he be charged as an enemy combatant? let's talk to former u.s. attorney general under president george w. bush, judge alberto gonzalez who joins us from the beautiful city of nashville. good morning to you, judge. >> good morning. >> steve: let's start with whether or not he should be charged or rather he should be classified as an enemy combatant. lindsey graham was on of the chat shows yesterday, said absolutely. this guy is not a common criminal.

he was out to kill americans. what do you think? enemy combatant? >> well, there are some people who think that enemy commits an act of terrorism should be tried in our criminal carts and others think they should be designated as enemy combatants. it's complicated question and seems to me what this administration should be looking at is what is the best way to get this person -- to bring him to justice, and also the best route to insure that we get the best information we can because that information could be helpful in prehave noting additional attacks in the future and that could provide answers which could bring some measure of closure to the victims as the families. i suspect what's going on now is you're having a talk in the administration looking at all the information and deciding what's the best way to treat both of those objectives. >> steve: at this point it sounds like what the government is doing is using the public safety exemption where they can talk to him for i think up to 48 hours without reading him his

miranda rights. are you confident that -- we just had bill bratten on. he thinks that's okay. let's get what we can out of him for two days and then mirandaize him and see where it goes from there. >> well, of course, even if someone goes in the criminal justice system, it's often the case that people voluntarily provide information. and then we may have a situation where he has information that we want. we have something we can give him, which is his life. say, for example, taking the death penalty off the table. so it is possible that there could be some kind of deal made where he provides information and in exchange for that, the government enters some kind of plea agreement. so the fact -- even if a decision is made to put him in our criminal justice system, that doesn't mean we're not going to get the information that's necessary and even if we move forward in the criminal justice system at any time the president could say this isn't working out the way we hoped.

we're going to designate him as an enemy combatant and hopefully we can get the information we want at that time. >> steve: so it sounds like you issue if he's got great information, you would be amenable to making a deal with him, saying rather than charge you capital murder and trying to kill people with a weapons of mass destruction, let's make a deal? >> i wouldn't take it off the table, is what i'm saying. that is certainly a possibility. if, in fact, there is no other way to get the information that may be helpful in preventing another attack, no other way of getting information that may bring closure to the family and the victims, that's something that certainly is on the table. >> steve: okay. but for instance, if he doesn't cooperate, we don't know what he's doing. we know he's writing on a note pad 'cause he can't talk. but if he doesn't give them anything that they really want, death penalty? >> well, it appears, based on what we know, that this would qualify for death penalty charge. but again, it's going to depend on what evidence can be introduced by the prosecution.

that is all something being evaluated now between prosecutors and investigators. >> steve: all right. judge, he knows how things operate. he used to be the attorney general for the united states under george w. bush. thank you very much for joining us today. >> thanks for having me. >> steve: all right. 20 minutes after the top of the hour. plan on flying today or later this week? better pack your patience. what you need to know about how the sequester could delay your flight. it delayed mine last night. then, take a closer look. yes, that is a -- a dog jumping out of a chop better a guy with him on a rope. the four legged hero taking a bite out of terror. anna kooiman takes you along for the ride. we'll follow her in the sky and on the water as we roll on live from new york city years ago, my doctor told me

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>> gretchen: 24 minutes after the top of the hour. quick headlines, today airports across the country bracing for hours long delays because of the sequester apparently. the faa beginning furloughs for its employees, including 15,000 air traffic controllers. sweet month in san diego scaled back because of the sequester. it usually has more than 20 events over a month long period. it's now slated for just a week. that's expected to save $1.2 million. >> steve: here in new york city, the new york police department has a unit ready to handle all of our emergencies regardless of the scope of them. anna kooiman went to check that out and she found man's best friend is part of the squad. >> yeah.

they're so sweet. this is caesar and this is storm. nypb emergency unit is a swat team with a rescue element to it. it takes 27 weeks of training and every single one of these members, you're looking at them now, they're certified as emt's and also in scuba diving. they have haz-mat training, bomb squad, and psychological training. there are 400 elite members in the group. if you think they work hard, check out what these dogs can do. nypdk-9 unit on the cutting edge and always training. the emergency training unit has 40 dog. >> we use them on almost every situation that we have in tactical situations, search and rescue situations, even and search and rescue people. we want the capability of putting them in and out of certain locations at a moment's notice. we have 360, the area is secure

already. >> what's the training exercise scenario? >> we have a suspect want ford robbery in a blue hoody. we'll apprehend him. >> they have to have a confirmed suspect with a matching description. that perpetrator has to be want ford a felony. let's see caesar work. >> get him! >> wow. you don't want to be on the other end of that. >> we need to move the dog to another part of the city. we can bring the helicopter in. we can hoist the dog up into the helicopter and fly him across the city. when the helicopter lands, they're fighting to go in first. >> good to go. >> this is aragon, he's been rappeling for a year. unbelievable.

two training missions down. we're on to our third. >> 12 of these dogs are fema certified by the department of homeland security. what kind of natural disasters have they been in? >> just recently we've been involved with hurricane sandy. been deployed to haiti, hurricane gus staph, ike, new orleans. he's going to come down with the hoist and lower our canine and the handler into the harbor launch. just in case we have to bring the dog in.

>> storm, are you ready to do it again? they're always ready for more work. so this is storm. caesar wants to show off his pipes, too. speak. come on, caesar. (bark) you don't want to be on the other end of that either. these dogs really seem to be fearless. they love this stuff. they're always wanting to do more. >> the dogs reacted so positively, we just kept evolving to new situations. new york city is a unique place. we want a positive react. we want to react positively. >> caesar is not letting his dog -- he's a little scared. it's incredible. they will get into really awesome places. they obviously don't have claustrophobia. they'll go on trams across ravines.

they have all kinds of simulators. very incredible. thanks for all you do and for having us out there. >> steve: all right. >> gretchen: thanks so much. thanks for bringing that story to us. >> steve: rin tin tin goes high-tech. >> brian: senator lindsey graham is here. we want to know, does he think the f.b.i. dropped the ball on catching up to the suspects and how should those suspects be tried if. >> gretchen: better get geico. watch, that's the video of the day. what caused it, coming up. >> brian: you can keep it. i don't want it anymore [ male announcer ] how do you measure happiness? by the armful? by the barrelful? e carful? how about...by the bowlful? campbell's soups give you nutrition, energy, and can help you keep a healthy weight. campbell's. it's amazing what soup can do.

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>> gretchen: time for your shot of the morning. a group of golden retrievers providing snuggles to victims of the boston bombing church. two of the dogs are the same ones sent to newtown after the sandy hook school shooting in december in connecticut. fantastic. >> steve: that's great. meanwhile, we've got other stories making headlines. real life drama for reese witherspoon. the oscar winner arrested for disorderly conduct in atlanta after her husband was pulled over for dwi. as he was given a see bright test, she got out of the car. the officer warned her twice, stay in the car. she didn't listen, saying, quote, she did eventual

israeli -- she said, do you know my name? you're about to be on national news? and here we are on national news. a statement later, she issued where she apologized saying, quote, i clearly had one drink too many and am deeply embarrassed about the things i said. >> brian: she should be a blond. >> steve: she was legally blond. now legally in trouble. >> brian: look at this video now you see it, now you don't. a massive sinkhole swallowing a car in chicago. the sink hole is caused bay break in a 98-year-old water main. one person had to be hospitalized after the car fell in. he suffered minor head injuries. i would say just put the tar over it. i don't want it anymore. >> gretchen: george h.w. bush all smiles as we welcomed the new additions to the houston texans cheerleaders squad. he congratulated the 34 lucky ladies and sported patriotic socks. he gave each of them a rose. some of the cheerleaders visited

him while he was in the hospital last year. >> steve: here is a new way to catch a homerun ball. take a look at this fan at yesterday's cleveland indian game. what did he do? he just sticks out his bucket of popcorn and the ball lands in there. unfortunately, the popcorn exploded when the ball went inside the bucket. some landed on the warning track. but hey, at least he got the ball. that homer helped the indians beat the astros 5-4. >> brian: popcorn costs 17 bucks. >> steve: i know. new developments regarding the boston bombing suspect. there are unconfirmed reports the 19-year-old is awake and apparently responding to questions in a written way. previously officials maintained that tsarnaev was in no condition to be interrogated. >> brian: abc says he's writing answers to authorities since he can not speak because of his gunshot wounds to the throat. molly line is live at beth israel hospital with the latest. i guess i start with this, we've heard that he was shot through the throat. do we think it's a suicide

attempt? >> well, that information comes from a senator coats, dan coats, a republican on the senate intelligence committee. he reports that he was shot in the throat. we don't know for certain that this was a suicide. we heard that kind of spoken about generally by analysts and in the media and it surfaced early on. u.k. reports this may have been a suicide attempt. but that hasn't been confirmed through the highest level f.b.i. channels that have been releasing medical information. early this morning with the latest information from the u.s. attorney's office is that the suspect remains in serious condition. that's really the solid information we have by authorities. we haven't had a chance to speak with physicians. we're not getting a direct word from physicians where he's beating treated. we don't know for certain. >> gretchen: let's talk about his brother who was killed on friday. has the medical examiner confirmed the cause of death? we know he was shot. there was shrapnel and then his brother also drove over him. what do we know? >> the official report from the

medical examiner's office has hasn't been released. the chief of the watertown police department did say that as his officers had suspect 2 pinned to the ground, that the younger brother, who remains here in the hospital, just aimed for those officers, started to drive right at them, and ended up actually hitting his brother and dragging him for a certain distance. so that information hasn't been confirmed. whether or not that was exactly what caused his death, we don't know yet. >> brian: thanks. meanwhile, senator lindsey graham joins us now. he spent 45 minutes talking to the f.b.i. last night about what they did and didn't get from their 2011 interview. senator graham, what did you conclude out of talking to the f.b.i. about what they knew about the bombing suspects? >> well, after talking to the assistant director of the f.b.i., i think they did a pretty good job of following the lead. the russians requested that we look at this guy. they interviewed him. they interviewed his parents, interviewed the people he went to school with. they did a very thorough search of the system to see if anything

popped up. and they wrote the russians back with all the information they gathered and said, do you have anything else? the russians never responded. he went over to russia, but apparently when he got on the airplane, they misspelled his name, so it never went into the system that he actually went to russia. >> steve: let me get this straight because yesterday you said on television that the f.b.i. dropped the ball. but now you're saying the f.b.i. did what? as much as they could under the circumstances? >> one of two things happened. the f.b.i. either dropped the ball or our system doesn't allow the f.b.i. to follow this guy in an appropriate fashion. i think once the russians made the request, the f.b.i. did a good job of looking at him. the reason we didn't know he went to russia is because the name was misspelled. in 20 and 13 when he became more radical when he went on the internet, when he interacted with this imam in boston, the f.b.i. tells me there is limitations on what they can do in situations like that. so we need to revisit our laws. we're at war with radical islam.

why did they do what they did in boston? they think we're a christian nation, infidels, they hate us because of who we are. that's why they're trying to kills. they don't want our money or property. the sooner we realize we're at a war with radical islam and come up with systems to defend ourselves, the better off we'll be. i don't want a place state. >> gretchen: how should he be charged? you say he should be designated as enemy combatant. others say they're not in that camp yet. why do you think he should be? >> we don't know if he's an enemy combatant yet and we're not going to know by monday or tuesday. it took us weeks and months to figure out 9-11. he has to go to federal court, in my view. he's not eligible for military commission trial because he's an american citizen. i wrote the military commission act in 2009. he will go to federal court. he will get all the rights associated. i could care less about the trial. a first year law student could

do it trial. i want to gather intelligence. what does he know about terrorist organizations within our country? does he know of other terrorist activity coming our way? that's a national security inquiry. as an enemy combatant, he's a potential enemy combatant. he has ties with overseas islamists. i would hold him under that theory. there was a rape case when a guy had an empty holster. this idea that the only way we can question him about national security matters is to go through his lawyer turns over to the terrorist and their lawyer controlling information to protect us all. that's crazy. that is absolutely crazy! this man should be held and questioned under the law of war, the information can't be used against him, but it can be used to help us as citizenship doesn't give you immunity from the law of war. if you take up arms or hostile

acts against the nation, you should be killed or captured. that's the law. that's not even a doubt. >> gretchen: your argument would have been a lot easier with the other suspect had he died. >> there is no doubt. in world war ii when american citizens helped the germans, they were hung. we have padilla in jail for four years because he was working with al-qaeda. there is no law that says that an american citizen can help the enemy with immunity -- impunity. that's never been the law. if you're an american citizen thinking of helping al-qaeda, let me give you advice. you can be killed or captured. if you're captured. >> you can be held for interrogation under the law of war as long as necessary. you can go to a has been i can't say judge and -- habeas judge and ask to be released. >> brian: chairman rogers yesterday, f.b.i. guy, before he became chairman, said he thought they traveled under an alias. could this intentional misspelling have happened? did he intentionally get his name misspelled? >> i don't know. >> brian: because he was coy

about our system? >> i don't know. could he have done it? yes. i don't know. what the f.b.i. told me sounded reasonable. but the f.b.i.'s hands are tied when it comes to following radical islamist web sites and we're at war, folks. if we don't realize it, there will be more of this. they're trying to recruit american citizens. this idea that if you can find an american to help kill us, they should have have a legal safe haven isly dick includes. when -- ridiculous. when american citizens sided with the enemy in other wars, they were treated as such. this is one area i'm very familiar with. >> steve: the father apparently wants at least perhaps some others, want to come back to the united states to visit with their terrorist child. should they be allowed? >> i have no problem. we've got people in custody all over the world with enemy combatants. i don't care if his family visits. i want to make sure we have the time to get the information to protect ourselves. the evidence i'm looking for is not of his innocence or guilt.

to me, that's not a concern. i want to know what he knows and that takes time. you can't do that between now and monday and no lawyer is allowed to be present. when we're trying to defend ourselves against enemy attacks, you don't give people lawyers. lawyers are for criminal process. we're talking about national security information being gathered here. you don't have a right to a lawyer there. >> gretchen: you say you're going to call the attorney general today to let him know how you think about this. senator, thanks so much for the breaking news and the update on your opinions on that. thank you so much. >> brian: it will be a day because not an hour can be wasted because within 48 hours, they could read him his rights and he could shut up. >> steve: next up, on this monday, it's the part of the boston take down you haven't heard. the cop who tackled the guy next. >> brian: as david ortiz in big trouble? what he said in response to the terrorist attack to about 10 million people that he probably shouldn't have, or should he have?

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he is spot shadowed for your viewing pleasure so you can see what we see. two people were hurt and thousands scrambling. and is steven ortiz in big trouble? >> this is (bleep). >> brian: he said something we usually get in trouble for saying and the fcc says they will not fine him for dropping the f bomb on saturday's red sox game because ortiz was speaking from the heart. that's a crazy explanation. but i agree, you should not. you should not be pushing him, describing boston's resilience in the face of tragedy. >> gretchen: a lot of people may say, hey, i got fined for that. >> steve: we had a whole bunch of the hero cops at that particular game. we're about to introduce you to one hero cop who did something extraordinary right after that shootout. here is commissioner ed davis of boston on "60 minutes." >> the suspects began to lob

devices and the first was a huge explosion and the follow-up explosions were smaller. but they were improvised hand grenades being thrown. the gun battle continued until one of the suspects ran out of ammunition and one of the sergeants tackled him to the ground. >> a police officer ran out and tackled him. these men who had armed themselves with so many explosives. >> that's correct. that's what happened. it probably would not be advised as a tactical move burks it shows the courage and commitment that officer south, in attempt get this thing under control. >> he was going to put the guy down before he had a chance to reload. >> right. he saw an opportunity and took it. >> brian: i want to meet that guy. >> gretchen: i do, too. i think we should focus more on these hero stories. >> steve: now another developing story, more rain today means more flooding in the midwest. not good news for the owner of that restaurant in louisiana, missouri. just of the buildings nearly

under water. maria molina tracking the weather from outdoors today. >> hi, good morning. if you live in the northeast today, you're talking about yet another day that we're dealing with temperatures well below average for this time of year. very chilly start to the day here in new york city. currently 44 degrees. we're only going to make it into the 50s. across parts of the midwest where we're dealing with a number of flood warnings in effect due to river flooding, we're expecting yet another storm system moving into this area, dumping more rain and even some snow. next week is a month of may. we're going to kick off that next month and we're still talking about snow in some places dealing with over six inches of snow. quite significant. we'll keep an eye on that. >> steve: it lingers. thank you. >> brian: straight ahead, what drove the bombing brothers to kill? some are point to go a mosque i. >> gretchen: let's check in with martha. >> good morning. so we've got a busy morning here. here is a question, is the

boston bombing forcing the administration to a new place in the war on terror here at home? does the current culture at f.b.i. allow the brothers to slip through their hands? great guest, jane, johnt ashcroft, pete king, all of them here at the top of the hour just like you. with angie's list, i know who to call, and i know the results will be fantastic. angie's list -- reviews you can trust. i took something for my sinuses, but i still have this cough. [ male announcer ] a lot of sinus products don't treat cough. they don't? [ male announcer ] nope, but alka seltzer plus severe sinus does it treats your worst sinus symptoms, plus that annoying cough. [ breathes deeply ] ♪ oh, what a relief it is [ angry gibberish ] ♪ [ male announcer ] sixty-two horsepower. fifty-three miles per hour. the gator rsx 850i. it's a whole new species of gator.

>> brian: situated in boston is islamic society of cambridge mosque, which not only did the two tsarnaev brothers attend, but one that is operated by the muslim american society which is striking ties to terror groups. what could we learn from this evidence as we try to find out what radicalized these brothers and their jihadi ties? peter johnson, jr., what have you found out? >> we heard from charles jacob, president of an organization americans for peace and tolerance, and he's pointed to these kind of disturbing

connections between this particular mosque and certain people who have been affiliated with the muslim brotherhood and another man who went to jail and in jail for 23 years for material support of terroristic activities. so that's really disturbing. we also know from family members how over time, the suspect who died was engaging in all kinds of language and all kinds of statements. we saw it earlier on the "60 minutes" interview you show, that there was a real hatred of the united states and hatred of american politics. obviously he was radicalized or criminalized at some point over the last two years. the important thing is to find out where and when and how and how to prevent this in the future. >> brian: i think we should be able to put in listening devices in there. is that possible? >> no. i heard you ask ray kelly about that. he talked about if there is a lead, he'll follow it. he'll follow it to a church, he'll follow it to a mosque, he'll follow it to a synagogue.

it's not a lead. you need verifiable, specific information about a specific credible threat. but that is something that we have to grapple with in this country. we've heard from senators. we hard from the state senator with kind of a whacky kind of irresponsible statement here this morning about torturing people. we don't torture people in america. we may engage in the hands of interrogation -- the sentiment is fine, but on balance, it doesn't help us. >> brian: all right. >> so we got to be smart how we move forward aggressively, but smart. >> brian: peter, thank you very much. hopefully this kid or this young terrorist is writing down the answers to questions. more "fox & friends" in three minutes when we wrap things up here we go. honey cornflakes and chunks of greek yogurt. i'm tasting both the yogurt and the honey at the same time. i'm like digging this yogurt thing.

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